Constitutional Protections in Criminal Investigations
Running Head: CONSTITUTIONAL PROTECTIONS IN CRIMINAL INVESTIGATIONS
Constitutional Protections in Criminal Investigations
What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most importantly, citizens should know and understand their rights.
Most Americans are familiar with the Fifth Amendment due to the popular phrase “I plead the fifth,” which is used as a defense in trials. But what should be familiar are the protections that we might take for granted such as the protection from double jeopardy. This means that a person cannot be tried more than once for the same offense (Salky, 2010). When reading the Fifth Amendment it could be agreed upon that this is where the right to remain silent and the Miranda Rights emerged from. The Fifth Amendment reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The Fifth Amendment also protects from self-incrimination which
Constitutional Protections in Criminal Investigations
What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most importantly, citizens should know and understand their rights.
Most Americans are familiar with the Fifth Amendment due to the popular phrase “I plead the fifth,” which is used as a defense in trials. But what should be familiar are the protections that we might take for granted such as the protection from double jeopardy. This means that a person cannot be tried more than once for the same offense (Salky, 2010). When reading the Fifth Amendment it could be agreed upon that this is where the right to remain silent and the Miranda Rights emerged from. The Fifth Amendment reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The Fifth Amendment also protects from self-incrimination which
References: Kessler, Jesse V. (2010). Fourth Amendment: Select Issues and Cases. Nova Science Publishers. Available from: eBook Collection. Retrieved January 19, 2013. Pearson Higher Education (2012). Interrogations and Confessions. [PowerPoint Slides]. Retrieved from: http://content-crj.kaplan.edu. Pearson Higher Education (2012). Identification Procedures and the Role of the Witness. [PowerPoint Slides]. Retrieved from: http://content-crj.kaplan.edu. Salky, Steven M. (2010). The Privilege of Silence: Fifth Amendment Protections Against Self Incrimination. (12thed.). American Bar Association.